Well, your thinking is in error.
In
Wong Kim Ark, Justice Gray explained that the phrase
“and subject to the jurisdiction thereof” meant that the children born to foreign diplomats
or hostile forces are not automatically U.S. citizens.
The Court in Wong also noted another exception at the time: children of members of
Indian tribes who owed direct allegiance to their own tribal nations rather than the United States.
The fact is, the majority opinion in
Wong, authored by Justice Gray, confirmed the phrase
"...and subject to the jurisdiction thereof..." was intended to maintain common law exceptions in granting citizenship. These specific groups are not considered "subject to the jurisdiction" of the U.S. in the sense required for birthright citizenship:
- Foreign Diplomats: Children of diplomatic representatives (such as ambassadors or ministers) of a foreign state are excluded because their parents carry their own nation's sovereignty and immunity with them.
- Hostile Forces: Children born to alien enemies during a hostile occupation of U.S. territory are also excluded.
- Foreign Sovereigns: Children born to foreign monarchs while they are visiting the U.S.
- Foreign Public Ships: Children born on foreign public vessels (like warships) within U.S. waters.
So, as it turns out, Justice Gray has provided some of the same arguments I use.
The question is, is our S.C. vested with power to create a new category of U.S. citizenship?